Minnesota Court of Appeals rules in favor of Hennepin County Attorney’s Office’s prosecution of Minneapolis street racing cases

The Minnesota Court of Appeals ruled yesterday that the dangerous driving conduct observed by street racers during “takeover” events could be prosecuted as second-degree riot. The Hennepin County Attorney’s Office, in partnership with the Minnesota Department of Public Safety, Minnesota State Patrol, Minneapolis Police Department, Fridley Police Department, and additional local law enforcement agencies have sought to end this dangerous behavior through education and enforcement.

"The use of riot charges in these cases played an important role in getting this dangerous conduct under control," she said. "This driving conduct presents a significant safety risk to the drivers, the vehicle occupants, spectators, and the community in general. We are pleased the Court of Appeals recognized the recklessness and danger involved. With warmer days coming we will continue to partner with state and local law enforcement to deter this conduct and file appropriate charges against those who knowingly and willingly place others at risk."

The Hennepin County Attorney’s Office brought multiple charges of second-degree riot against several individuals last year who were engaging in these “takeover” events. The office alleged the vehicles were “dangerous weapons,” a key element necessary to bring second-degree riot charges against the defendants, due to the manner in which the vehicles were being driven during these incidents. The driving conduct included whipping the vehicle in circles at high rates of speeds while passengers, including a child, hung their bodies out of the cars. Vehicles came dangerously close to striking pedestrians and on one occasion did strike a male knocking him off his feet into the air.

In its opinion, the Court of Appeals noted the State had provided sufficient evidence to proceed with the second-degree riot charges, writing:

“[The] reckless driving occurred both in extremely close proximity to other revelers and while others clung to the sides and tops of the circling and whipping cars. It is not only a matter of reasonable inference that an onlooker could easily be struck by the fast-whipping cars, the state provided video evidence of an onlooker in fact being struck, flipping in the air, and possibly landing on his head on the roadway….[A] person viewing the video evidence might easily imagine someone losing his grip on the side of a circling car and suffering a head injury from the pavement or being driven over, resulting in great bodily harm.”